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STATE v. RUBIO

No. 25,310.

136 P.3d 1022 (2006)

139 N.M. 612

2006-NMCA-067

STATE of New Mexico, Plaintiff-Appellant, v. Gregario RUBIO, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied June 9, 2006.

Corrected June 19, 2006.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Arthur W. Pepin, Assistant Attorney General, Santa Fe, NM for Appellant.

Freedman, Boyd, Daniels, Hollander & Goldberg, P.A., Zachary A. Ives, Albuquerque, NM for Appellee.

Certiorari Denied, No. 29,746, June 9, 2006.

OPINION

SUTIN, Judge.

{1} We have withdrawn our opinion filed on February 1, 2006, and we substitute the present opinion in its stead.

{2} In this routine traffic stop case, we address the constitutionality of (1) an officer asking for and obtaining identification from the owner of the vehicle who was a passenger, and (2) the officer running a computer check using the identification obtained. The...

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